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(영문) 전주지방법원 군산지원 2015.05.29 2015고단238
산업집적활성화및공장설립에관한법률위반
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of manufacturing heavy equipment parts, and Defendant A is the representative director of the above corporation.

1. Where an industrial site owned by a defendant A after a report on the completion of factory establishment or the report on the commencement of business is divided and an industrial site divided (in cases where the standard factory area ratio or standard building area ratio is less than the standard building area ratio) is disposed of before five years have elapsed from the date of division,

On January 6, 2015, the Defendant filed an application for registration of subdivision with D (855.30 square meters) and E (6803.5 square meters) for registration of subdivision with respect to Gunsan-si D, an industrial site located within the C State Industrial Complex, and made the registration of subdivision with respect to the said industrial site completed.

On January 9, 2015, the Defendant entered into a sales contract with F Co., Ltd. to sell to KRW 926,100,000 even before five years have passed since the date of dividing the part of the E factory site (0% of the factory area ratio) short of the standard factory area ratio (12%) in comparison with F Co., Ltd., but did not transfer the divided industrial site to the management agency by having the ownership transfer registration completed in the register of real estate register.

2. Defendant B, a representative director of the Defendant, committed a violation against the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The accusation of the Korea Industrial Complex Corporation;

1. A real estate sales contract, a full certificate of registered matters (including cancellation matters)-land;

1. Examination opinions on application for consultation on partition of industrial sites and application for partition consultation on industrial sites;

1. A certificate of all the registered matters;

1. Application of Acts and subordinate statutes to report on investigation (to hear a complainant’s telephone statement);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 52 (1) 2, and Article 39-2 (4) of the Industrial Cluster Development and Factory Establishment Act;

B. Defendant B: Article 54 of the Industrial Cluster Development and Factory Establishment Act.

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